"(C) a narcotic drug as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); "(D) a controlled substance, other than a narcotic drug, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), or an alcoholic beverage; "(E) United States currency; or "(F) any other object; or "(2) being an inmate of a Federal penal or correctional facility, he makes, possesses, procures, or otherwise provides himself with, or attempts to make, possess, procure, or otherwise provide himself with, anything described in paragraph (1). "(b) GRADING.-An offense described in this section is punishable by— "(1) imprisonment for not more than ten years, a fine of not more than $25,000, or both, if the object is anything set forth in paragraph (1)(A); "(2) imprisonment for not more than five years, a fine of not more than $10,000, or both, if the object is anything set forth in paragraph (1)(B) or (1)(C); "(3) imprisonment for not more than one year, a fine of not more than $5,000, or both, if the object is anything set forth in paragraph (1)(D) or (1)(E); and "(4) imprisonment for not more than six months, a fine of not more than $1,000, or both, if the object is any other object. "(c) DEFINITIONS.-As used in this section, 'firearm' and 'destructive device' have the meaning given those terms, respectively, in 18 U.S.C. 921(a)(3) and (4)." 1984-Pub. L. 98-473 substituted provisions relating to providing or possessing contraband in prison, grading of offenses and definitions of "firearm" and "destructive device" for former provisions relating to traffic in contraband articles. EFFECTIVE DATE OF 1986 AMENDMENT Section 52(b) of Pub. L. 99-646 provided that: "The amendment made by this section [amending this section] shall take effect 30 days after the date of the enactment of this Act [Nov. 10, 1986]." CROSS REFERENCES Bureau of Prisons employees, power to arrest without warrant for violations of this section, see section 3050 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3050 of this title. § 1792. Mutiny and riot prohibited Whoever instigates, connives, willfully attempts to cause, assists, or conspires to cause any mutiny or riot, at any Federal penal, detention, or correctional facility, shall be imprisoned not more than ten years or fined not more than $25,000, or both. (June 25, 1948, ch. 645, 62 Stat. 786; Oct. 12, 1984, Pub. L. 98-473, title II, § 1109(b), 98 Stat. 2148; Nov. 10, 1986, Pub. L. 99-646, § 53(a), 100 Stat. 3607.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 252 (May 18, 1934, ch. 303, § 1, 48 Stat. 782). Escape provisions of this section were incorporated in section 752 of this title. Reference to persons causing, procuring, aiding and assisting was omitted. Such persons are principals under section 2 of this title. Minor changes were made in translation and phraseology. AMENDMENTS 1986-Pub. L. 99-646 inserted ", detention," after "penal". § 1821. Transportation of dentures Whoever transports by mail or otherwise to or within the District of Columbia, the Canal Zone or any Possession of the United States or uses the mails or any instrumentality of interstate commerce for the purpose of sending or bringing into any State or Territory any set of artificial teeth or prosthetic dental appliance or other denture, constructed from any cast or impression made by any person other than, or without the authorization or prescription of, a person licensed to practice dentistry under the laws of the place into which such denture is sent or brought, where such laws prohibit: (1) the taking of impressions or casts of the human mouth or teeth by a person not licensed under such laws to practice dentistry; (2) the construction or supply of dentures by a person other than, or without the authorization or prescription of, a person licensed under such laws to practice dentistry; or (3) the construction or supply of dentures from impressions or casts made by a person not licensed under such laws to practice dentistry Shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 786.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 420f, 420g, and 420h (Dec. 24, 1942, ch. 823, §§ 1, 2, 3, 56 Stat. 1087). This section consolidates the offense, penalty, and definitive provisions of sections 420f, 420g, and 420h of title 18, U.S.C., 1940 ed., as subsections (a) and (b). The definition of “denture" was omitted as unnecessary in view of the phraseology of the revised section, the context of which makes clear the meaning of dentures referred to. The definition of "Territory" was omitted as unnecessary. The revised section makes clear the places included in the application of the section without the use of definitions. The definition of "Interstate Commerce" was likewise omitted as unnecessary in view of definition of interstate commerce in section 10 of this title. Changes of phraseology and arrangement were made, but without change of substance. Whoever mines or removes coal of any character, whether anthracite, bituminous, or lignite, from beds or deposits in lands of, or reserved to the United States, with intent wrongfully to appropriate, sell, or dispose of the same, shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not interfere with any right or privilege conferred by existing laws of the United States. (June 25, 1948, ch. 645, 62 Stat. 787.) 1 Section repealed by Pub. L. 95-200 without corresponding amendment of chapter analysis. HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 103a, 103b (July 3, 1926, ch. 780, §§ 1, 2, 44 Stat. 891). Section consolidates sections 103a and 103b of title 18, U.S.C., 1940 ed. Words "deemed guilty of misdemeanor" were deleted as unnecessary in view of definitive section 1 of this title. (See also reviser's note under section 212 of this title.) Minor changes were made in phraseology. CROSS REFERENCES Entry on coal lands in general, see section 71 et seq. of Title 30, Mineral Lands and Mining. Entry under nonmineral land laws of coal lands with reservation of coal to United States, see section 81 et seq. of Title 30. Lease of mineral deposits within acquired lands, see section 351 et seq. of Title 30. Leases and prospecting permits on lands containing coal, see sections 181 et seq., 201 et seq., of Title 30. § 1852. Timber removed or transported Whoever cuts, or wantonly destroys any timber growing on the public lands of the United States; or Whoever removes any timber from said public lands, with intent to export or to dispose of the same; or Whoever, being the owner, master, pilot, operator, or consignee of any vessel, motor vehicle, or aircraft or the owner, director, or agent of any railroad, knowingly transports any timber so cut or removed from said lands, or lumber manufactured therefrom Shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. (June 25, 1948, ch. 645, 62 Stat. 787.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 103 (Mar. 4, 1909, ch. 321, § 49, 35 Stat. 1098). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Words "motor vehicle or aircraft" were inserted in third paragraph to remove any doubt as to scope of section in view of rapidly advancing methods of transportation. Minor changes were made in phraseology. CROSS REFERENCES Cutting, destroying, or removing timberCrater Lake National Park, see section 123 of Title 16, Conservation. Glacier National Park, see sections 162, 162a, and 167 of Title 16. Indian lands, removal from, see section 196 of Title 25, Indians. Mineral lands, see sections 604 to 606 of Title 16, Conservation. National parks in general, see section 3 of Title 16. Notice of unlawful cutting, see section 605 of Title 16. Penalty for unlawful cutting, see section 606 of Title 16. Permits to cut for agricultural, mining or domestic purposes, see sections 45c, 604, 607 to 613 of Title 16. Purpose of cutting, effect on criminality of act, see section 607 of Title 16. Transferee of functions of register and receiver of local land office as required to ascertain legality of cutting or use, see section 605 of Title 16. Yellowstone National Park, see section 38 of Title 16. Yosemite National Park, regulations, see section 53 of Title 16. Seizure of timber exported from Territories of United States, see section 602 of Title 16. Transportation of timber produced by railroad not forbidden, see section 10746 of Title 49, Transportation. § 1853. Trees cut or injured Whoever unlawfully cuts, or wantonly injures or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 787.) HISTORICAL and Revision NOTES Based on title 18, U.S.C., 1940 ed., § 104 (Mar. 4, 1909, ch. 321, § 50, 35 Stat. 1098; June 25, 1910, ch. 431, § 6, 36 Stat. 857). Reference to persons aiding or procuring was deleted as unnecessary since such persons are made principals by section 2 of this title. Maximum fine was increased from $500 to $1,000 to conform to other comparable sections of this chapter. (See sections 1851 and 1852 of this title.) Minor changes were also made in phraseology. CROSS REFERENCES General provisions relating to Indian lands and reservations, see Title 25, Indians. Protection of national forests and violation of rules and regulations relating thereto, see section 551 of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 552d. § 1854. Trees boxed for pitch or turpentine Whoever cuts, chips, chops, or boxes any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance; or Whoever buys, trades for, or in any manner acquires any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, with knowledge that the same has been so unlawfully obtained Shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 788.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 105 (Mar. 4, 1909, ch. 321, § 51, 35 Stat. 1098). Reference to persons aiding, encouraging, or causing was deleted as unnecessary since such persons are made principals by section 2 of this title. Maximum fine was increased from $500 to $1,000 to conform to other comparable sections of this chapter. (See sections 1851 and 1852 of this title.) Minor changes also were made in phraseology. § 1855. Timber set afire Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than five years, or both. This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment. (June 25, 1948, ch. 645, 62 Stat. 788; Nov. 18, 1988, Pub. L. 100-690, title VI, § 6254(j), 102 Stat. 4368.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 106 (Mar. 4, 1909, ch. 321, § 52, 35 Stat. 1098; Nov. 15, 1941, ch. 472, § 1, 55 Stat. 763). Surplus verbiage and unnecessary enumerations were omitted. Words "without authority" were inserted near beginning of section so as to remove any doubt as to scope or meaning of section. Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor verbal changes were made. AMENDMENTS 1988-Pub. L. 100-690 substituted "under this title" for "not more than $5,000" in first par. CROSS REFERENCES Protection against fires, see section 594 of Title 16, Conservation. § 1856. Fires left unattended and unextinguished Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers said fire to burn or spread beyond his control, or leaves or suffers said fire to burn unattended, shall be fined not more than $500 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 788.) HISTORICAL AND REVISION Notes Based on title 18, U.S.C., 1940 ed., § 107 (Mar. 4, 1909, ch. 321, § 53, 35 Stat. 1908; June 25, 1910, ch. 431, § 6, 36 Stat. 857; Nov. 15, 1941, ch. 472, § 2, 55 Stat. 764). Words "without hard labor" which followed "six months" and preceded "or both" were omitted as unnecessary. (See reviser's note under section 1 of this title.) Enumeration of applicable condemnation statutes was deleted and section extended and made applicable to all lands in process of condemnation by the government. This does no violence to the intent of Congress and clarifies the section considerably. Other changes in phraseology were made. § 1857. Fences destroyed; livestock entering Whoever knowingly and unlawfully breaks, opens, or destroys any gate, fence, hedge, or wall inclosing any lands of the United States reserved or purchased for any public use; or Whoever drives any cattle, horses, hogs, or other livestock upon any such lands for the purposes of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or Whoever knowingly permits his cattle, horses, hogs, or other livestock to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other livestock may or can destroy the grass or trees or other property of the United States on the said lands Shall be fined not more than $500 or imprisoned not more than one year, or both. This section shall not apply to unreserved public lands. (June 25, 1948, ch. 645, 62 Stat. 788.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 111 (Mar. 4, 1909, ch. 321, § 56, 35 Stat. 1099). Minor changes were made in phraseology. CROSS REFERENCES Driving stock to feed on Indian lands, see section 179 of Title 25, Indians. Grazing lands, see section 315 et seq. of Title 43, Public Lands. Provisions relating to fences and grazing generally, see Title 16, Conservation. § 1858. Survey marks destroyed or removed Whoever willfully destroys, defaces, changes, or removes to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or willfully cuts down any witness tree or any tree blazed to mark the line of a Government survey, or willfully defaces, changes, or removes any monument or bench mark of any Government survey, shall be fined not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 789.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 111 (Mar. 4, 1909, ch. 321, § 57, 35 Stat. 1099). Minor changes were made in phraseology. CROSS REFERENCES Survey of public lands, see section 751 et seq. of Title 43, Public Lands. § 1859. Surveys interrupted Whoever, by threats or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same in conformity with the instructions of the Director of the Bureau of Land Management, shall be fined not more than $3,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 789; May 24, 1949, ch. 139, § 42, 63 Stat. 95.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 112 (Mar. 4, 1909, ch. 321, § 58, 35 Stat. 1099). Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. 1949 ACT This section [section 42] substitutes, in section 1859 of title 18, U.S.C., "Director of the Bureau of Land Management" for "Commissioner of the General Land Office," in view of the abolishment of the General Land Office, and the office of Commissioner thereof, by 1946 Reorganization Plan No. 3, § 403, effective July 16, 1946 (11 F.R. 7876). Such plan consolidated the functions of the General Land Office and of the Grazing Service to form a new agency, the Bureau of Land Management, in the Department of the Interior and headed by a Director. AMENDMENTS 1949-Act May 24, 1949, substituted "Director of the Bureau of Land Management" for "Commissioner of the General Land Office". § 1860. Bids at land sales Whoever bargains, contracts, or agrees, or attempts to bargain, contract, or agree with another that such other shall not bid upon or purchase any parcel of lands of the United States offered at public sale; or Whoever, by intimidation, combination, or unfair management, hinders, prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale Shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 789.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 113 (Mar. 4, 1909, ch. 321, § 59, 35 Stat. 1099). Imprisonment provision was reduced from "two years" to "one year," thus placing the offense in the category of misdemeanors which may be prosecuted on information. The lesser punishment seems adequate. Minor changes were made in phraseology and arrangement. § 1861. Deception of prospective purchasers Whoever, for a reward paid or promised to him in that behalf, undertakes to locate for an intending purchaser, settler, or entryman any public lands of the United States subject to disposition under the public-land laws, and who willfully and falsely represents to such intending purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, with intent to deceive the person to whom such representation is made, or who, in reckless disregard of the truth, falsely represents to any such person that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, thereby deceiving the person to whom such representation is made, shall be fined not more than $300 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 789.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 114 (Feb. 23, 1917, ch. 115, 39 Stat. 936). Words "deemed guilty of a misdemeanor and" which preceded "punished" were omitted as unnecessary in view of definitive section 1 of this title. Minor changes were made in phraseology. REFERENCES IN TEXT The public-land laws, referred to in text, are classified generally to Title 43, Public Lands. [§ 1862. Repealed. Pub. L. 95-200, § 3(c), Nov. 23, 1977, 91 Stat. 1428] Section, act June 25, 1948, ch. 645, 62 Stat. 789, imposed a fine of not more than $500 or imprisonment of not more than six months as the penalty for knowingly trespassing upon the reserve known as the Bull Run National Forest in the Cascade Mountains. See note set out under section 482b of Title 16, Conservation, for the remainder of Pub. L. 95-200, including savings provisions therein, which in addition to repealing this section created the Bull Run Watershed Management Unit, Mount Hood National Forest. § 1863. Trespass on national forest lands Whoever, without lawful authority or permission, goes upon any national-forest land while it is closed to the public pursuant to lawful regulation of the Secretary of Agriculture, shall be fined not more than $500 or imprisoned not more than six months, or both. (Added May 24, 1949, ch. 139, § 43, 63 Stat. 95.) HISTORICAL AND REVISION NOTES This section [section 43] incorporates in revised title 18, U.S.C., as section 1863 thereof, and with changes in phraseology, the provisions of act of February 10, 1948 (ch. 51, 62 Stat. 19), which was not incorporated in title 18 when the revision was enacted. The phrase "without hard labor" is omitted from the punishment clause as unnecessary, in conformity with the uniform style of such title. (See reviser's note to sec. 1 of such revised title, appearing in H. Rept. No. 304, April 24, 1947, to accompany H.R. 3190, 80th Cong. (pp. A2, A4 of such report).) The concluding proviso that "nothing herein shall be construed to limit the authority of the Secretary of Agriculture under other law to otherwise provide for regulating the occupancy and use of national-forest lands and lands administered by the Forest Service", is omitted as surplusage. § 1864. Hazardous or injurious devices on Federal lands (a) Whoever (1) with the intent to violate the Controlled Substances Act, (2) with the intent to obstruct or harass the harvesting of timber, or (3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b). (b) An individual who violates subsection (a) shall (1) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both; (2) if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than twenty years, or both; (3) if bodily injury to any individual results, be fined under this title or imprisoned for not more than ten years, or both; (4) if damage exceeding $10,000 to the property of any individual results, be fined under this title or imprisoned for not more than ten years, or both; and (5) in any other case, be fined under this title or imprisoned for not more than one year. (c) Any individual who is punished under subsection (b)(3), (4), or (5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than ten years, or both. (d) As used in this section (1) the term "serious bodily injury" means bodily injury which involves (A) a substantial risk of death; (C) protracted and obvious disfigurement; |